BILLY MALUMBELUMBE
Legal Advisor
Pretoria-Gauteng
Summary
I possess detailed knowledge of the South African legislation process and the ability to interpret and apply legislation in respect of contractual laws and compliance
Excellent management sills.
Extensive legal advisory knowledge
Excellent analytical and judgement skills
Excellent client relationship skills Strong research ability
Ability to find solutions, negotiate on legal causes and manage risk
Excellent communication-both written and verbal (Speak and write several South African languages)
Ability to produce quality work and professional results within tight, rigid deadlines.
Overview
25
25
years of professional experience
8
8
years of post-secondary education
Work History
Legal Advisor
Constantia Insurance
03.2022 - Current
- I got seconded from Legal Defender to Constantia Insurance effective 01st March 2022, and reporting to the Head of Compliance & Legal
- Provide legal advice that considers prevailing legal prescripts and ensure that decisions are taken within relevant legislative parameters and considering legislative compliance
- Liaise with external attorneys and providing instructions in case where we have been served with summons, including discussing the merits of cases
- Providing instructions to attorneys where Constantia needs to litigate
- Conduct legal due diligence on specific transactions and other necessary matters
- Ensure that legal risks are assessed and managed and/or mitigated in all transactions
- Vetting and drafting of agreements (Binder Holder Agreements, Intermediary Agreements, SLA, NDA, Lease Agreements, Commercial Agreements, as well as opinions)
- Attend to ad hoc queries on legal matters
- Key measures
- Participating in due diligence processes
- Number of managed contracts
- Number of pending litigation matters, Legal Defender (Legal Expenses Company) (a Business Unit under Constantia Insurance)
Legal Advisor
Legal Defender (a Constantia Insurance Business Unit-providing Legal Expenses Cover)
04.2014 - 02.2022
- Providing general inhouse legal advice;
- Assessing merits for litigation purposes in Civil matters;
- Attending to arrangements of bail applications
- Advising client on insurance related matters, as well as referral of the repudiated claims to both Ombudsman for Short and Long Terms Insurance
- Drafting of Contracts, Service Level agreements (Including Non-Disclosure Agreements), Lease Agreements, Employment Contracts on behalf of (business) clients;
- Contracts Review;
- Drafting of Legal Opinions;
- Advising clients regarding the provisions of the Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, as well as related legislations
- Assisting clients with all labour related matters, including but not limited to: -Dispute Resolutions, -Advice on retrenchments, unfair labour practices, as well as both fair and unfair dismissals -Assessment of merits in case of unfair labour practices/dismissals to determine whether or not proper procedures have been followed by the employer in addressing employee grievances/ dismissals, and if matter warrants referral to the relevant Bargaining Council/CCMA -Referral of related to the relevant Bargaining Council/ CCMA;
- Advising client on the provisions of the Basic Condition of Employment Act, including but not limited to:
- Contracts of Employment and interpretation of relevant clauses;
- Sick leaves;
- Incapacity;
- Maximum working hours;
- Overtime pays;
- Family responsibility leave;
- Instructing of external attorneys on matters of litigation in nature;
- Perform administrative functions related to case management.
Legal Services Manager
City Centre
JOHANNESBURG
10.2007 - 03.2014
- Manage the legal department in general,
- Allocation of new cases to the subordinates,
- Performance Review, Conflict Management as well as Dispute Resolution
- Assisting clients with referral of cases to the appropriate bargaining councils as well as the Labour Court;
- Representing the company at the CCMA,
- Chairing of disciplinary hearings,
- Advising clients on Labour Legislations, Disciplinary and Grievance Procedures
- Debt Collection,
- Drafting of Contracts, Lease Agreements, Service Level Agreements, including Non-Disclosure Agreements, etc.,
- Advising clients on insurance related matters,
- Assist with referral to Ombudsman for both Short- and Long-Term Insurance, especially in cases of claim repudiations, provided clients have merits,
- Maintain and revise policies and procedures for the general operation of the organization and its related activities to prevent illegal, unethical or improper conduct,
- Respond to alleged violation of the rules, regulations, policies, procedures, and standard of conduct by evaluating or recommending the initiation of investigative procedure,
- Identify potential areas of compliance vulnerability and risk, develop/ implement corrective action plans for resolution of problematic issues, and to provide general guidance on how to avoid or deal with similar situations in the future
- Possess sound knowledge and understanding of the Insurance Acts and insurance industry related operational requirements.
Legal Mediator
Legally Independent Peoples’Corporation, LIPCO Legal Insurance, Monument
01.2001 - 09.2007
- Legal mediation
- Providing legal opinion to clients
- Bail application assistance
- Family law advice
- Negotiation divorce settlement
- Advising client on labour related matters as well as assisting with referral to relevant bargaining councils
- Reasons for leaving: Better employment opportunities.
Legal Advisor
South African National Defense Union, SANDU, City Centre
Pretoria
05.1997 - 12.2000
- Legal mediation
- Family law advice
- Advising union members with labour related matters
- Assisting union members with grievance procedures as well as drafting and lodging of same grievances, advising them in terms of the Defense Code, as well as mediation.
Education
Computer Literate Valid Driver’s license -
A 2 Day- NQF Level 6 Course In Labour Relation (2013 - Labour Relations
Workshop
Midrand 06.2013 - 06.2013
B Juris - Law
University of Venda
Limpopo 01.1989 - 11.1994
Certificate in Labour Relations Management - Labour Relations
Unisa School of Management
South Africa 01.2001 - 08.2001
Certificate in Corporate Governance & Risk Management - Corporate Governance & Risk Management
Milpark Business School
01.2011 - 10.2011
Matric - Matric
Raluombe High School (Matric) 1987
Limpopo 01.1987 - 12.1987
Skills
LEGAL ADVISOR
Timeline
Legal Advisor
Constantia Insurance
03.2022 - Current
Legal Advisor
Legal Defender (a Constantia Insurance Business Unit-providing Legal Expenses Cover)
04.2014 - 02.2022
A 2 Day- NQF Level 6 Course In Labour Relation (2013 - Labour Relations
Workshop
06.2013 - 06.2013
Certificate in Corporate Governance & Risk Management - Corporate Governance & Risk Management
Milpark Business School
01.2011 - 10.2011
Legal Services Manager
City Centre
10.2007 - 03.2014
Certificate in Labour Relations Management - Labour Relations
Unisa School of Management
01.2001 - 08.2001
Legal Mediator
Legally Independent Peoples’Corporation, LIPCO Legal Insurance, Monument
01.2001 - 09.2007
Legal Advisor
South African National Defense Union, SANDU, City Centre
05.1997 - 12.2000
B Juris - Law
University of Venda
01.1989 - 11.1994
Matric - Matric
Raluombe High School (Matric) 1987
01.1987 - 12.1987